Terms of Use at Skilldrafting

This Terms of Use Policy was last updated August 9th, 2016.

SUPER-DUPER IMPORTANT NOTICE: Please read this page in its entirety before using any services or content on Skilldrafting.com because the information below could have an impact on your legal rights and your ability to file a lawsuit.

YOU ACCEPT all the Terms of use Skilldrafting, Inc. (“Skilldrafting” or “our” or “us” or “we”) owns and operates a fantasy football website named Skilldrafting.com (the “Site”) for both skill-contest eligible individuals (“Eligible User” or “Eligible Users”) as defined in the subsequent requirements explained in the Terms of Use (the “Terms”) as well as skill-contest ineligible individuals (“Simple User” or “Simple Users”) as defined in the subsequent requirements explained in the Terms and provided they are not under the age of thirteen (13) years old (“Prohibited” or “Underage”). Our Site hosts contests of skill each of which require an entry fee, are named Offseason Fantasy Football Leagues or OFF Leagues (a “League” or the “Leagues”) and are available to our Eligible Users. A League involves an entry fee so as to award a cash prize (“Prize” or “Prizes”) to individuals at the official completion of the League in the amount outlined in and based on the defined contest scoring specifics, rules, guidelines, and any further details involved in effectively participating in the Leagues (collectively, the “Rules“) and in accordance with the Terms. Our Site also hosts simulations of fantasy football drafts which are free of charge (“Mock Draft” or “Mock Drafts”) and available to our Eligible Users as well as our Simple Users. The Mock Drafts have no associated Prize and anyone who participates in the Mock Drafts are doing so strictly for entertainment or informational purposes only. The Site also offers information relevant to fantasy football for our Eligible Users as well as our Simple Users. We also provide access to any and all of the text, images, video, audio, code and other material contained or provided (collectively, the “Content”) as well as all of the features, contests and other services such as but not limited to partner, co-branded or affiliated services (collectively, the “Service” or “Services”) on this Site we’ve worked crazy hard to create for you.

An Eligible User assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business entity, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Site (“Sanctioned Account Holder”) OR can be explained a little more colloquially as someone who meets all the requirements to participate in a League got an email address specifically for them that was connected to a specific site from a legitimate provider allowed to do so and that someone used this legitimate email address to register a username and password on Skilldrafting.com.

In order for a Sanctioned Account Holder to participate in a League, the Sanctioned Account Holder will need to enter a payment method on the Site with intent to deposit money into the Sanctioned Account Holder’s Site account that houses their deposited money and winnings for future withdrawal or entry into a League or Leagues (“Bank”). Once the Sanctioned Account Holder has deposited money in their Bank at the designated amount required for entry in a League of their choice, that Sanctioned Account Holder enters the League of their choice and prepares for the draft as a competitor in that League (“SuperOwner” or “SuperOwners”). Once a Sanctioned Account Holder has entered a League, the Sanctioned Account Holder is from that point on also considered the SuperOwner of that account provided the SuperOwner continues to maintain their adherence to the eligibility requirements of the Terms. SuperOwners that fail to meet eligibility requirements at any time will be subject to the same usage restrictions as Simple Users as defined by the Terms.

Please read these Terms carefully before using the Site, Services or Content. By using or otherwise accessing the Site, Services or Content you are consenting to the agreement (“Agreement”) which encompasses your agreement to all Terms as well as your agreement to our Privacy Policy (“Privacy Policy”) and the Rules. By using or otherwise accessing the Site, you are also agreeing to and understand that Skilldrafting can issue revisions to the Terms, Privacy Policy and/or Rules at any time and although our most recent version of the Agreement will be posted on the Site at all times, you will be responsible for understanding all revisions. Those changes help us to better serve our customers and remain in legal compliance with the various state and federal legislature relating to the fantasy football industry. Future use or otherwise access of the Site, Services or Content constitutes your acceptance and agreement with any and all revisions. If you do not agree to be bound to all of these Terms and the rest of the Agreement, you cannot use the Site and you are not allowed to access any of the Content or Services of the Site. These Terms and the Agreement constitute a legal agreement between you and Skilldrafting and shall apply to your use of the Site, Services and Content even after termination or cancellation.

Skilldrafting reserves the right to refuse Service and use of the Site to anyone for any reason as well as prevent anyone from participating in Leagues or Mock Drafts at the sole discretion of Skilldrafting. Skilldrafting reserves the right to cancel any League at any time for any reason at the sole discretion of Skilldrafting for the purposes of maintaining inviting, fair and legal contests for all SuperOwners. In the event of a League cancellation, all SuperOwners would be notified via the contacts information they’ve provided us and all entry fees would be reversed, granting payment back to the SuperOwners that were participating in that applicable League. By participating in our Leagues, you consent to cooperate with Skilldrafting to reverse a payment you’ve made in the event a situation like this were occur. Skilldrafting also reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you are not abiding by all the Terms and this Agreement. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we have reason to believe you are not abiding by all the Terms and this Agreement. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion.

You also consent and understand that in the event Skilldrafting experiences a severe catastrophic breakdown of business operations due to forces out of the control of Skilldrafting such as but not limited to an act of God, fire, riot, hurricane, tornado, flood, tsunami, war, terrorism, act of public enemies, earthquake, governmental activities, meteor or asteroid collisions, artificial intelligence takeover, we may not be able to comply with the Terms and the Agreement which will not be considered a breach of these Terms or Agreement due to the unforeseeable nature of those events.

Eligibility and conditions of participation

You are strictly prohibited from using the Site or our Services if you are Underage. You must be at least eighteen (18) years of age to register a username and password and participate in any Leagues on the Site. In jurisdictions, territories, and locations where the minimum age for permissible registration of a username and password and League participation is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction, territory or location. For the state of Nebraska, a legal resident must be at least nineteen (19) years of age to participate in any Leagues on the Site. Legal residents of the state of Massachusetts must be at least twenty-one (21) years of age to participate in any Leagues on the Site. The eligibility to register and participate in any Leagues on the Site strictly excludes residents from the states of Alabama, Arizona, Hawaii, Idaho, Indiana, Iowa, Louisiana, Massachusetts, Missouri, Montana, Nevada, New York, Tennessee, Virginia and Washington as well as the entirety of the country of Canada or any other countries outside of the United States (the “Ineligible Areas”). Residents of the Ineligible Areas that are not Underage are however eligible to use the Site and Services for Mock Drafts. These residents of Ineligible Areas are considered Simple Users and only have authorization from us to participate in Mock Drafts. Legal residents physically located in the Federal district of Washington, D.C. or any of the fifty (50) states not included in the Ineligible Areas (the “Eligible Areas”) are eligible to open an account and participate in any of the Leagues or Mock Drafts offered by the Site provided they also meet and continue to meet the applicable aforementioned or subsequent eligibility requirements as well as adhere and continue to adhere to the applicable aforementioned or subsequent conditions of participation as defined by the Terms.

You consent that if you do not meet the eligibility requirements as defined by the Terms for a SuperOwner but meet all other eligibility requirements for use of the Site and Services, you will only participate in Mock Drafts. SuperOwners that are defined as such in the Terms are authorized to participate in any Mock Draft as well as any League provided the SuperOwner continues to maintain their adherence to the eligibility requirements of the Terms. SuperOwners that fail to meet eligibility requirements at any time will be subject to the same usage restrictions as Simple Users as defined by the Terms. Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if you illegitimately participate in a League as defined by the Terms. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if you illegitimately participate in a League as defined by the Terms. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion.

You consent to keep your username and password confidential and you accept responsibility or liability for any activity that occurs under your account. If you allow any other person than yourself to access your account then you are violating the Terms. If you believe another person has accessed or is using your account without your permission, please contact us as quickly as possible via jerkalert@skilldrafting.com. Skilldrafting accepts no responsibility or liability for any loss or damages that result from someone else gaining unauthorized access to your account. In the event that we need to verify your identity or request further registration information from you, you consent to provide the necessary information accurately, expeditiously and in its entirety. You also consent to update your required personal information when it changes so that we may continue to verify eligibility. Skilldrafting reserves the right to require any user to change their username if it is determined by the sole discretion of Skilldrafting that the username promotes a commercial venture or is offensive in nature. In the event an individual is asked to change their username and does not comply within a reasonable time frame as determined at the sole discretion of Skilldrafting, Skilldrafting reserves the right to change that individual’s username for them or cancel their account. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account due to a lack of the required response for an unacceptable username as determined at the sole discretion of Skilldrafting.

Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you are not the Sanctioned Account Holder. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we have reason to believe you are not the Sanctioned Account Holder. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion.

The Sanctioned Account Holder hereby affirms that the Sanctioned Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Site. It shall be a violation of these Terms for any Sanctioned Account Holder to submit payment using any payment method that is not owned by the Sanctioned Account Holder. If any deposit is charged back, any winnings generated from the League(s) entered shall be invalidated, forfeited and deducted from the Sanctioned Account Holder’s (SuperOwner’s) Bank. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Bank. Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if a deposit is charged back. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if a deposit is charged back. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion.

Skilldrafting may require you to provide additional evidence beyond what was provided upon establishing a username and password that you are eligible as a SuperOwner prior to participating in a League or receiving a Prize. This includes requesting that you fill out an affidavit of eligibility or other verification information at the sole discretion of Skilldrafting in accordance with passed legislation relating to the Fantasy/Gaming industry and more specifically paid-entry contests of skill. If Skilldrafting otherwise determines that you do not meet the aforementioned or subsequent eligibility requirements of the Terms, in addition to any rights that Skilldrafting may have in law or equity, Skilldrafting also reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we do not receive the required additional evidence to prove eligibility. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we do not receive the required additional evidence to prove eligibility. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion.

By participating in any Leagues, you also consent that you are not listed on any U.S. Government list of prohibited or restricted parties, that you do not reside in a jurisdiction in which participation in our Leagues is prohibited by applicable law, that your participation or acceptance of Prizes does not violate any rules or policies of your employer(s) or of any professional or governing bodies with which you are associated and that you are not subject to backup withholding tax because you are either exempt from backup withholding, you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends or the IRS has notified you that you are no longer subject to backup withholding. Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you meet any of the aforementioned Government or taxation criteria. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we have reason to believe you meet any of the aforementioned Government or taxation criteria. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion.

By participating in any Leagues, you also consent that you are not any of the subsequently mentioned individuals associated with the professional sport of football: athletes, coaches and other team management, team support personnel (such as but not limited to waterboy, team physicians), referees, league employees, player agents, the Commissioner or team owners, as they are not authorized to participate in any Leagues. Athletes, coaches, other team management, team support personnel, referees, team owners, league employees, player agents, the Commissioner and other individuals who through an ownership interest or through game-related employment, all have the potential to influence gameplay and outcome so they are not authorized to participate in any Leagues. The aforementioned individuals are also not authorized to participate in any Leagues through another person as a proxy. Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you hold any of the aforementioned positions or responsibilities. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we have reason to believe you hold any of the aforementioned positions or responsibilities. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion.

By participating in any Leagues, you also consent to and understand that employees of Skilldrafting (“Employee” or “Employees”) may need to use the Site and Services at the sole discretion of Skilldrafting, and will do so for the purposes of testing and monitoring the Site and Services as well as interacting with customers so that Skilldrafting may continuously update and improve the Site, Content, Services and overall user experience (a “Test” or a “Tester”). Any Employees engaging in such activities will do so on an as needed basis at the sole discretion of Skilldrafting but are not authorized to withdraw money or collect Prizes. For any League where an Employee is a Tester and finishes the League in a ranked position consistent with being eligible for a Prize for that League in a manner consistent with the Prize structure of that League based on the fantasy point total at the conclusion of the League as determined by the Rules of the Agreement, that Prize will instead go to the SuperOwner participating in that applicable League that finishes one position lower than the employee and with a fantasy point total that is the next highest to the fantasy point total of the employee at the conclusion of the League as determined by the Rules of the Agreement.

By participating in any Leagues, you also consent that you are not an Employee (exception being an Employee specifically designated for a Test) or a relative of an Employee that shares a residence with that Employee (“Skilldrafting Relative” or “Skilldrafting Relatives”). Through your affiliation as an Employee or Skilldrafting Relative, you may have access to Skilldrafting-specific pre-release or Skilldrafting-specific confidential industry-related software, data and/or information that would create an unfair advantage for you over other SuperOwners in a League, (“Insider Advantages”) with the exception being an Employee specifically designated for a Test. Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you are participating in a League as an Employee (exception being an Employee specifically designated for a Test) or as a Skilldrafting Relative. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we have reason to believe you are participating in a League as an Employee (exception being an Employee specifically designated for a Test) or as a Skilldrafting Relative. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion. Skilldrafting also reserves the right to administer disciplinary action up to and including termination for any Employees associated with such a situation where the employee (exception being an Employee specifically designated for a Test) or Skilldrafting Relative participates in a League. Skilldrafting also reserves the right to exercise legal action against any Employees associated with such a situation where the employee (exception being an Employee specifically designated for a Test) or Skilldrafting Relative participates in a League. Skilldrafting also reserves the right to cooperate fully with any and all government and legal authorities on inquiries relating to League participation involving Employees or Skilldrafting Relatives.

By participating in any Leagues, you also consent that you are not an employee or operator of another fantasy site that offers skill-based contests that require entrance fees and provides cash prizes, awards or alternative gift of value associated with “winning” a contest or contests (“Other Employee/Operator”) or a spouse, parent, sibling, child or anyone married to an Other Employee/Operator (“Other Family Member”) that shares a residence with that Other Employee/Operator. Through your affiliation as an Other Employee/Operator or an Other Family Member, you may have access to Insider Advantages. Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you are participating in a League as an Other Employee/Operator or an Other Family Member. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we have reason to believe you are participating in a League as an Other Employee/Operator or an Other Family Member. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion. In the event of an occurrence such as this, Skilldrafting also reserves the right to report the Other Employee/Operator and/or Other Family Member responsible for illegitimately participating in a League to the site by which they are employed, operating or in affiliation with. Additionally, Skilldrafting may maintain necessary personal information regarding any Other Employee/Operator and/or Other Family Member beyond their termination from the Site and any associated Leagues so that Skilldrafting may be able to reasonably eliminate anyone’s ability to return as a participant of a League in the future until and unless Skilldrafting determines, in its sole discretion, that individual to be no longer qualified as an Other Employee/Operator or Other Family Member as defined by the Terms. Skilldrafting also reserves the right to cooperate fully with any and all government and legal authorities on inquiries relating to League participation involving an Other Employee/Operator or an Other Family Member.

By participating in any Leagues, you also consent that you do not have access to Insider Advantages. Any individual that has Insider Advantages and participates in a League is participating illegitimately and is strictly prohibited. Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you are participating in a League and have access to Insider Advantages. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we have reason to believe you are participating in a League and have access to Insider Advantages. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion. Additionally, Skilldrafting may maintain necessary personal information regarding any individual that has been determined as participating in a League and having access to Insider Advantages beyond their termination from the Site and any associated Leagues so that Skilldrafting may be able to reasonably eliminate anyone’s ability to return as a participant of a League in the future until and unless Skilldrafting determines, in its sole discretion, that individual to no longer be qualified as an individual with access to Insider Advantages as defined by the Terms. Skilldrafting also reserves the right to cooperate fully with any and all government and legal authorities on inquiries relating to League participation involving individuals with access to Insider Advantages.

Skilldrafting also reserves the right to nullify and withhold Prizes to use in advancement of its fraud prevention efforts. By participating in any Leagues, you also consent that the forfeiture and/or return of any Prize shall in no way prevent Skilldrafting from pursuing criminal or civil proceedings resulting from violations of the Terms or Agreement.

There are lots of things that are out of the control of Skilldrafting. Skilldrafting is not responsible or liable for any of those things out of our control such as but not limited to incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that doesn’t allow an Eligible User to participate in a League), including but not limited to any injury or damage to an Eligible User or any other person's computer or video equipment relating to or resulting from participation in a League; inability to access the Site, or any related internet content that is part of or related to the Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

Skilldrafting is also not responsible or liable in the event a League is not capable of running as originally planned, or if a League, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a League in accordance with the Terms or applicable League Rules, or if functionality loss due to malware, tampering, unauthorized intervention, actions by Eligible or Simple, fraud, technical failures, or any other causes of any kind, at the sole discretion of Skilldrafting corrupts or affects the administration, security, fairness, integrity, or proper conduct of a League, Skilldrafting reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the League, and select the winner(s) from all other participating SuperOwners. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Site.

Prizes will only be awarded if a League takes place and has completed at least an adequate amount of the scheduled contest duration at the sole discretion of Skilldrafting. Skilldrafting reserves the right to cancel Leagues at any time. In the event of a cancellation, all entry fees will be rescinded and returned to the Eligible User unless otherwise stated in these Terms of Use. Deposits made on our site will appear on your statement as SKILLDRAFTING. All paid entry fees are final when submitted. No refunds will be issued for entry fees or any other reason unless otherwise stated in the Terms. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered. An Eligible User will be able to move in and out of Leagues that are not full by entering and exiting the Leagues until the final person to enter in to a specific league has entered thereby making the League full and causing the draft to be scheduled for start time. There is no refund for a League that an Eligible User mistakenly entered and did not leave prior to the League locking due to the draft being scheduled to start. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of the aforementioned situation taking place.

You consent and understand that all content made available on the Site by an Eligible User or Simple User including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the individual from which such an Eligible User or Simple User originated. This means that you, not Skilldrafting, are entirely responsible for all Eligible Users and Simple Users that you upload, post, share, email, transmit, or otherwise make available via the Site. Skilldrafting under no circumstances will be held responsible or liable in any way for any Eligible User or Simple User content.

You consent that Skilldrafting may or may not pre-screen user generated content, but that Skilldrafting and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any user generated content available via the Site. Without limiting the foregoing, Skilldrafting and its designees shall have the right to remove any user generated content that violates these Terms or is otherwise not acceptable in the eyes in Skilldrafting at the sole discretion of Skilldrafting. You consent that by using the Site, you may be exposed to user generated content that you may consider to be offensive or unacceptable. You also consent that you must evaluate, and be responsible for all risks associated with, the use or disclosure of any user generated content. You also consent and understand that you bear the sole risk of reliance on any content available on or through the Site.

Regarding any content that you submit or otherwise make available on or to the Site, you consent to grant Skilldrafting an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content of yours (in whole or in part), and to incorporate such content into other works, in any format or medium now known or later developed. You consent that you are solely responsible and liable for your interactions with other users of the Site. Skilldrafting reserves the right, but has no obligation, to monitor disputes between you and other individuals.

Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you have engaged in any of the following, including but not limited to, at the sole discretion of Skilldrafting:

  • Tampering or abusing the Site, Services or Content in any way shape or form and/or the security of the Site, Services or Content including but not limited to the use of any types of software or malware that intend to or result in the interruption, limitation and/or destruction of the Site, Services or Content or the impedance of normal business operations as determined, in its sole discretion, by Skilldrafting.
  • Violating or intending to violate any intellectual property associated with the Site, Services, Content or users of the Site, Services or Content.
  • Actions and/or behavior unbecoming of a Simple User, Sanctioned Account Holder or SuperOwner toward other users or third-party associates of the Site, Services or Content including but not limited to abusive language, harassment, unwelcome solicitation, bullying, impersonation, threats, spamming, communication with the purpose of gaining access to private information and/or transmission of obscene, offensive or pornographic material.

Other consumer protections

Each League encompasses nearly an entire professional football season of activity for which this underlying League is being conducted, consisting of 240 competitions (professional football games) out of the total 256. By participating in any Leagues, you consent that through your participation you agree that the winners’ Prizes of each League are determined in order to distribute the participants’ (SuperOwners) contributions to a segregated fund established to award Prizes for the contest (League).

You consent as a Sanctioned Account Holder that you will create, maintain and use only one account on the Site until such time as you decide to self-terminate that account. You affirm that you are the sole owner and user of that account and consent that you will not sell, gift, transfer or lend ownership of, use of or access to your account at any time. You also consent to not abandon your account as you will still be held responsible for all action and activity that occurs on that account. Co-ownership is strictly prohibited on the Site and you consent not to share ownership of your account with another individual. Collusion is also strictly prohibited on the Site and you consent not to collude. You also affirm that you are creating an account on the Site and using the Services with the sole purpose of participating in Leagues. Skilldrafting reserves the right to cancel your account at any time and without any notice as well as limit or prevent your ability to withdraw funds from your Bank if we have reason to believe you are creating, maintaining, using and/or depositing money into an account with intentions other than that of participating in Leagues, to be determined by Skilldrafting in its sole discretion. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account from which you are associated if we have reason to believe your intentions are other than that of participating in Leagues. In the event of an occurrence such as this, Skilldrafting also reserves the right to report you and your activity to the proper authoritative bodies.

You consent as a SuperOwner that you are the sole user of the Site, Services and Content operating on your behalf and/or for your benefit, in that, you affirm to not use any automated means (including but not limited to) scripts, harvesting bots, robots, parsers, spiders, sniping software, screen scrapers or anything of the sort that could be detrimental to the experience of any other SuperOwners or create a disadvantage for any of them. Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you are using or are in connection in any way with anyone using any of these or any other similar means as it pertains to the Site, Services or Content. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we have reason to believe you are using or are in connection in any way with anyone using any of these or any other similar means as it pertains to the Site, Services or Content. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion. Additionally, Skilldrafting may maintain necessary personal information regarding any individual that has been determined as using or being in connection in any way with anyone using any of the aforementioned nefarious means or any other similar means as it pertains to the Site, Services or Content beyond their termination from the Site and any associated Leagues so that Skilldrafting may be able to reasonably eliminate anyone’s ability to return as a Sanctioned Account Holder. Skilldrafting also reserves the right to report such a person and their activity to the proper authoritative bodies as well as cooperate fully with any and all government and legal authorities on inquiries relating to Site, Service and/or Content usage by an individual associated with any of the aforementioned nefarious means and/or similar means and/or connection to anyone else using those means and/or similar means.

SuperOwner Bank deposits as well as any portion of Skilldrafting revenue that is designated for use in League Prizes to be awarded to qualified SuperOwners are held in a separate, segregated bank account for the protection of the SuperOwners as well as the protection of Skilldrafting. Withdrawals will be made from this separate, segregated bank account and deposited into the Banks of the qualified SuperOwners upon completion of the League and confirmed Prize award for those applicable SuperOwners.

Skilldrafting is not affiliated with or sponsored by the National Football League. No Leagues are based on sporting events associated with amateur, college, high school or student sporting events.

Description of service

The Leagues offered on the Site are paid-entry contests of skill and the Mock Drafts offered on the Site are free-entry simulations of skill contests. Each Eligible User and Simple User will be able to visit the Site and view the available offerings to participate in. Each League has an entry fee for the SuperOwner, identified and to-be paid in U.S. dollars. When a SuperOwner decides to participate in a League, they will complete the entry process which includes the entry fee being debited from the SuperOwner’s Skilldrafting account with which the SuperOwner has deposited money into their Bank before the SuperOwner is then granted access to participate into that League. When an Eligible or Simple User decides to participate in a Mock Draft, which does not require an entry fee, they will complete the entry process and be granted access to participate in that free Mock Draft.

In the event Skilldrafting offers a promotional free entry into a League via a coupon code or other entry method, you consent that you will use an entry in accordance with the details listed in the Terms and the Agreement. A (“Free Entry” or “Free Entries”) is a coupon code given to individuals for Skilldrafting promotional purposes so that those individuals may use all of the features of the Site, Services and Content without the need for an entry fee in regard to the Leagues. By participating in a League with a Free Entry, you are still bound to the Terms and the Agreement. Free Entries are only available for use with specific time frames and have expiration dates associated so that if not used each code will terminate after a designated time period at the sole discretion of Skilldrafting. The Free Entry allows an individual to enter one (1) League without a need for paying an entry fee where the Prize awards remain as stated in the Rules and Terms as well as all other aspects of the Leagues in which those individuals are participating. Due to the nature of the Free Entry, both Eligible Users and Simple Users are eligible to participate in Leagues IF AND ONLY IF a Free Entry is used for participation. If an individual is not paying an entry fee and using a Free Entry, that individual is not risking anything of value and Skilldrafting is providing that Free Entry as a “gift” to that individual so Skilldrafting no longer requires that individual’s state of residence to be in the Eligible Areas as a determining factor whether or not that individual can participate in that specific League. An individual participating in a League with a Free Entry still needs to comply with all aforementioned age-related participatory restrictions stated in the Terms. Skilldrafting reserves the right to cancel your account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent your ability to withdraw funds from your Bank and/or remove you from any Leagues you are associated with if we have a reason to believe you are participating in a League using a Free Entry but are not adhering to the age-related participatory restrictions stated in the Terms. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we have reason to believe you are participating in a League using a Free Entry but are not adhering to the age-related participatory restrictions stated in the Terms. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion. By participating in a League using a Free Entry as entry in to that League you consent and understand that the Free Entry has no cash value, has a pre-determined expiration date set by the sole discretion of Skilldrafting, can only be used one (1) time for one (1) League and is non-transferable or available for resale enforceable to the full extent of the law in the governing state. By participating in a League using a Free Entry as entry in to that League you also consent that the Free Entry is non-refundable and Skilldrafting accepts no responsibility or liability for any loss or damages incurred in the event a League malfunctions or any other problem arises with a League as another Free Entry will not be granted to that individual as compensation and no compensation otherwise will be awarded.

The criteria described in the Rules will be used to determine the winner of each League. SuperOwners will use their skill and knowledge regarding the sport of professional football, professional football players and the League’s type, style of draft, method of roster maintenance, format of drafting and system of scoring to mitigate potential football player risk and maximize potential football player value through selection of professional football players to their team(s if playing more than one League) with the purpose of accumulating the most fantasy points based on the Rules. The fantasy points are a product of real-life statistical performance by professional football players in professional football games.

The League is an Offseason type of fantasy football league with twelve (12) teams (one SuperOwner manages each team) competing over the course of a League fantasy football season where only Week one (1) through Week sixteen (16) of the professional football season (the, “Season”) is used for the purposes of fantasy points scoring. At the end of Week 16, one of the 12 teams with the most accumulated points over the course of the Season according to the Rules of that League is declared the winning team. The Leagues use a selection-style draft with a twenty (20) round serpentine draft format that allows for SuperOwners depending on which specific League a SuperOwner decides to enter to either be granted 3 hours to make a draft selection before the SuperOwner’s time runs out and the software of the Site (the, “Software”) selects a player for the SuperOwner based on that player’s expected value as determined by Skilldrafting or be granted 6 hours to make a draft selection before the SuperOwner’s time runs out and the Software selects a player for the SuperOwner based on that player’s expected value as determined by Skilldrafting. The draft process results in the SuperOwner selecting twenty (20) professional football players representing themselves as fantasy football team members or a collective group of fantasy football team members (“Fantasy Team” or “Team Members”). The Leagues use a draft-only method of roster maintenance where there is no maintenance necessary or available to the SuperOwner for the duration of the Season. The Leagues use two separate systems of scoring (full point per reception and standard) depending on which specific League a SuperOwner decides to enter. All details regarding how fantasy points are derived from the statistical performance for each professional football player (the, “Scoring”) can be found in the Rules and includes a sub-system of Scoring called “Best Ball” which refers to the system used for determining the starting lineup on a SuperOwner’s Fantasy Team for a given week where the Software makes a post-week calculation including the real-life professional football games that occurred that week to determine the optimal starting lineup in terms of total fantasy points for the SuperOwner’s Fantasy Team.

The Site also offers a free contest option that is a simulation of the draft of a League where there is no play beyond the draft that occurs. This is a Mock Draft. An Eligible or Simple User competes in the draft against the Software and there is no Prize involved or given associated with this contest. The Mock Draft provides an Eligible User (Sanctioned Account Holder or SuperOwner) an opportunity to practice for a League or for other fantasy football drafts they might participate in that are not associated with the Site. The Mock Draft provides a Simple User an opportunity to practice for a League in the event at some point in the future Skilldrafting may amend our eligibility requirements allowing that Simple User to qualify as an Eligible User and participate in Leagues, in other fantasy football drafts they might participate in that are not associated with the Site or simply for enjoyment and entertainment purposes. The Mock Draft has one (1) Simple User or Eligible User participating while the Software makes selections for the other eleven (11) simulated individuals that would be present in a League or other draft. The Simple User or Eligible User participating in the Mock Draft has as much time as they want or need to make their player selection. The Software selects players for the other 11 teams instantly once the Simple User or Eligible User makes each of their selections in each round of the Mock Draft.

Skilldrafting offers scoring updates for all teams and SuperOwners that happen while professional football games are being played (“Live Scoring”). By participating in Leagues you consent and understand that Live Scoring is based on the information available at the time the professional football games are being played and that those statistics and scores are unofficial with potential to change upon final review before a week of the League is considered complete. Skilldrafting reserves the right to change the unofficial, Live Scoring to more accurately reflect the official statistics represented by the professional football games once and if any associated oversight has determined statistical corrections were warranted and made official. Live Scoring is offered and intended solely as an entertainment feature available to SuperOwners to help them better track their player performance over the course of a professional football game or week of professional football games. By participating in Leagues, you acknowledge and consent to potential statistical and fantasy scoring changes that might alter the outcome of a given week or given League. Skilldrafting accepts no responsibility or liability for any loss or damages incurred during a League as a result of statistical changes determined by the professional football league. Skilldrafting is also not responsible for any inaccuracies or miscalculations in regard to scoring and statistical information as it pertains to the professional football league however we will in good faith make all reasonable efforts to continually ensure that the statistical representations on the Site are congruent with the professional football league and therefore our scoring for the Leagues are likewise entirely accurate.

League winner results are based on the final Scoring over the course of the Season and they are posted on the Site. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win Prizes as set out in the Rules. Once Contest results are reviewed and verified, Prizes can be and will be awarded immediately following except under circumstances where technical failure, inability of Skilldrafting to verify your compliance with these Terms, or other reasons prevent such timely payout. Once Skilldrafting has deemed the League officially ended after the end of the final week of applicable professional football games per the Terms and Rules, the Scoring results of a League will not be changed regardless of any professional football statistics or statistical adjustments made by the professional football league at later times or dates, except by the sole discretion of Skilldrafting. Prizes won are added to the winning SuperOwners’ account balances upon the League officially ending notwithstanding an appropriate and reasonable amount of processing time to ensure all winning accounts are accurately awarded. In the event of a tie, Prizes are divided evenly amongst the SuperOwners that have tied. The substitution or transfer of awards or Prizes is strictly prohibited. Any and all awards and Prizes are granted as they currently exist in their present condition without warranty, express or implied, of any kind.

Before making any payments/awards to League winners, Skilldrafting may require a winning SuperOwner to complete and execute an affidavit of eligibility in which, among other things, the SuperOwner is required to represent and warrant that the SuperOwner is eligible to participate in a League, is otherwise in compliance with the Terms and the Agreement and may be asked to provide required documentation, evidence or proof of eligibility and compliance. If Skilldrafting requests that a SuperOwner completes and executes such an affidavit and the SuperOwner fails to do so within fourteen (14) calendar days, or Skilldrafting otherwise determines that the SuperOwner does not meet the eligibility requirements or is not in compliance with the Terms and/or the Agreement, Skilldrafting reserves the right to cancel the SuperOwner’s account at any time and without any notice, nullify and withhold any Prizes associated with your account and/or limit or prevent their ability to withdraw funds from the Bank and/or remove them from any Leagues they are associated with if we do not receive the aforementioned required documents in the time frame allotted. Skilldrafting accepts no responsibility or liability for any loss or damages incurred as a result of a canceled account and/or League removal from which you are associated if we do not receive the required documentation in the time frame allotted. In the event of an occurrence such as this, Skilldrafting has the right to pay out any of those nullified and withheld Prizes to the other SuperOwners for that applicable League in a manner consistent with the Prize structure of that League, to be determined by Skilldrafting in its sole discretion.

SuperOwners will have the ability to withdraw any of their qualified Prizes ascertained through the winning of a League or Leagues as well as any cash deposits they’ve made provided they weren’t used to enter any Leagues, by using the (“Cash Out”) option on the Site. Upon Cash Out, a SuperOwner has a requirement to fulfill if they have won more than six hundred dollars ($600) in the previous calendar year. The SuperOwner will need to provide a current address and social security information to Skilldrafting for the sole purpose of allowing Skilldrafting to comply any and all tax regulations for that Superowner’s state of residence as well as communication with the appropriate tax authorities. You consent and understand that it is your sole responsibility to file and pay applicable state and federal taxes on any winnings. Skilldrafting is not responsible or liable for your necessity to file and pay for your applicable state and federal taxes. You also consent and understand that Skilldrafting does not advise on tax matters and none of the information found in the Terms or the Agreement constitutes any sort of tax advice. In the event a Prize is challenged by any legal authority, Skilldrafting reserves the right in its sole discretion to make the determination whether or not to grant or change that Prize. Skilldrafting holds all the power of determination in regard to League winners and those determinations are final and binding. In the event of a withdrawal request, if Skilldrafting deems appropriate, the SuperOwner or Sanctioned Account Holder will be credited back to the same credit card or method of payment used originally to deposit money on the Site. Skilldrafting reserves the right to release money to SuperOwners through a different credit card or payment method only if the amount they are withdrawing exceeds the amount they deposited with their original payment method.

Through the use of the Services and the Site you consent and understand that Eligible Users creating a username and password on the site may have communication sent to them from Skilldrafting or the partners/affiliates of Skilldrafting and to the extent required by law, you are welcome to opt out of the communications at any time through the unsubscribe links embedded in those communications or by sending an email to optout@skilldrafting.com. We will of course respect those requests however Skilldrafting reserves the right to continue to communicate with you via email to the extent permissible by governing law.

Indemnity

Through use of the Site, Services or Content offered by Skilldrafting you consent and agree to defend, indemnify and hold harmless Skilldrafting and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site, Service or Content, by you or any person using your account and password; b) a breach of these Terms, or c) anything another individual posts on the Site.

Disclaimer of warranties

BY USING ANY PART OF THE SITE, SERVICES AND/OR CONTENT PROVIDED BY SKILLDRAFTING, YOU CONSENT THAT AND UNDERSTAND THAT YOU ARE DOING SO AT YOUR SOLE RISK. YOU ALSO CONSENT THAT AS THIS AND THE BELOW DISCLAIMER IS DISPLAYED AS A PRINTED HEADING IN CAPITALS IT SHALL BE RULED AS “CONSPICOUS” FOR ALL INTENTS AND PURPOSES AS STATED IN ARTICLE ONE (1), PART TWO (2) OF THE UNIFORM COMMERCIAL CODE. SKILLDRAFTING AND EVERYTHING THAT IS MADE AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, CONTENT, SOFTWARE, AND FEATURES MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE SERVICES, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE; (C) THE FUNCTIONALITY MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; (D) ANY COMMUNICATION AND INFORMATION SENT FROM THE SITE TO USERS OF THE SITE, SENT FROM USERS OF THE SITE TO OTHER USERS OF THE SITE, SENT FROM USERS OF THE SITE TO SKILLDRAFTING, SENT FROM USERS OF THE SITE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. SKILLDRAFTING DOES NOT WARRANT THAT THE SITE, ANY OF THE SITE FUNCTIONALITY OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. WE WANT EVERYTHING TO WORK PERFECTLY FOR US AND OUR CUSTOMERS, HOWEVER WE KNOW THAT JUST DOESN’T ALWAYS HAPPEN. YOU ACKNOWLEDGE THAT SKILLDRAFTING HAS NO CONTROL OVER AND NO DUTY TO TAKE ANY ACION REGARDING WHAT EFFECTS THE SITE, SERVICES OR CONTENT MAY HAVE ON YOU, HOW YOU MAY INTERPRET OR USE THE SITE, SERVICES OR CONTENT OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF THE HAVING BEEN EXPOSED TO THE SITE, SERVICES OR CONTENT. YOU RELEASE SKILLDRAFTING FROM ALL LIABILITY FOR YOU HAVING ACCESSED THE SITE. THE SITE MAY CONTAIN OR DIRECT YOU TO OTHER WEBSITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. SKILLDRAFTING MAKES NO REPRESENTATIONS CONCERNING ANYTHING CONTAINED OR ACCESSED THROUGH THE SITE AND SKILLDRAFTING WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE, SERVICES OR CONTENT. SKILLDRAFTING DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SKILLDRAFTING SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING THE SITE IN ANY WAY SUCH AS BUT NOT LIMITED TO THE SERVICES OR CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE, SERVICES OR CONTENT. SKILLDRAFTING, ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES SUCH AS BUT NOT LIMITED TO NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. SKILLDRAFTING, ITS SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, THE SERVICES OR CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

Governance

These Terms shall be governed by the internal substantive laws of the state of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and Skilldrafting that arises in whole or in part from the Terms, the Site or any League shall be decided exclusively by a court of competent jurisdiction located in Fulton County, Georgia.

Third parties

Nothing in the Terms shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any League on the Site, you agree to indemnify, protect, defend and hold harmless Skilldrafting, its subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including but not limited to those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses from or connected with your use of the Site, Services or Content, any payment methods used, any deposits made to your Bank, and/or your participation in any League. The Site may contain links to third party sites that are not owned or controlled by Skilldrafting. Skilldrafting has no control over, and assumes no responsibility or liability for, the services or content, privacy policies, or practices of any third party Sites. In addition, Skilldrafting will not and cannot censor or edit the content of any third-party site. By using the Site, you consent to expressly relieve Skilldrafting from any and all responsibility and liability from your use of any third-party site.

Limitation of liabilities

YOU CONSENT AND UNDERSTAND THAT SKILLDRAFTING LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL SKILLDRAFTING, ITS SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, SERVICES AND CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE, SERVICES AND CONTENT; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SKILLDRAFTING OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE, SERVICES AND CONTENT OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE SITE, SERVICES AND CONTENT'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF SKILLDRAFTING ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, BUT NOT LIMITED TO WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE, SERVICES AND CONTENT). IN NO EVENT WILL SKILLDRAFTING ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, BUT NOT LIMITED TO DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SKILLDRAFTING ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). SKILLDRAFTING ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT NOT LIMITED TO DAMAGE FROM ANY SECURITY BREACH OR FROM ANY MALWARE, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS SITE, SERVICES AND CONTENT IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES AND CONTENT OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE, SERVICES AND CONTENT OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SKILLDRAFTING'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICES AND CONTENT OR OTHER PROPERTY OWNED OR CONTROLLED BY SKILLDRAFTING AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY SITE, SERVICES AND CONTENT OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE SITE, SERVICES AND CONTENT, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Intellectual property and Copyright

We respect the intellectual property right of others. It is our policy to respond to any claim regarding the Site stating that material therein whether posted by Skilldrafting or another party infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim to our designated copyright agent via email to copyright@skilldrafting.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Copyright Infringement as explained in the safe harbor provisions Sections 512 (c) and (d) of the Digital Millennium Copyright Act. Any individual that submits a claim may be held accountable for damages (including costs and attorneys' fees) if it has been determined that there has been a misrepresentation or bad-faith claim on the infringement of any material found on and/or through the Site.

The content on the Site, including but not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like as well as the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to Skilldrafting, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Any and all content on the Site is provided to you “as is”, “as available” and “with all faults” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Skilldrafting reserves all rights not expressly granted in and to the Site and the Intellectual Property. You consent to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You consent not to circumvent, disable or otherwise interfere with security related functionality of the Site or functionality that prevents or restricts use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein.

Arbitration, jurisdiction and legal fees

Any and all disputes, claims or controversies arising out of or relating to the Terms or Agreement, the breach thereof, or any use of the Site, Services or Content (including all commercial transactions conducted pertaining to the Site, Services or Content) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. You hereby consent to arbitrate all Claims and through this consent you and Skilldrafting waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Fulton County, Georgia where judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of the Terms and the Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the state of Georgia provided that:

  • The arbitrator shall not have authority to award punitive damages; and
  • Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Skilldrafting consent that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
  • For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Fulton County, Georgia (“Legal Venue”) and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Legal Venue is not appropriate or convenient; (b) you and Skilldrafting waive any and all rights to trial by jury with respect to any Claims.
  • In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with the aforementioned details of arbitration, or initiates a proceeding involving a Claim pertaining to the aforementioned details of arbitration other than in the Legal Venue, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing the Terms and the Agreement to arbitrate and the Legal Venue to which the parties have herein consented.

Hey, well, if you made it all the way here to the end of all this... nice work! You are now extremely informed on the Site, Services, Content and everything you should know regarding our Site the Terms and the Agreement. Happy participating (unless you are under the age of 13, in that case, get out of here... go outside and actually play some football so maybe one day everyone’s drafting you)!